EX-25.(A) 27 c54999_ex-25a.htm c54999_ex25-a.htm -- Converted by SEC Publisher, created by BCL Technologies Inc., for SEC Filing

Exhibit 25(a)

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FORM T-1

SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

STATEMENT OF ELIGIBILITY
UNDER THE TRUST INDENTURE ACT OF 1939 OF A
CORPORATION DESIGNATED TO ACT AS TRUSTEE

CHECK IF AN APPLICATION TO DETERMINE
ELIGIBILITY OF A TRUSTEE PURSUANT TO
SECTION 305(b)(2) |__|
___________________________

THE BANK OF NEW YORK MELLON
(Exact name of trustee as specified in its charter)

New York   13-5160382
(State of incorporation   (I.R.S. employer
if not a U.S. national bank)   identification no.)
 
One Wall Street, New York, N.Y.   10286
(Address of principal executive offices)   (Zip code)

___________________________

FirstEnergy Corp.
(Exact name of obligor as specified in its charter)

Ohio   34-1843785
(State or other jurisdiction of   (I.R.S. employer
incorporation or organization)   identification no.)
 
 
76 South Main Street    
Akron, Ohio   44308
(Address of principal executive offices)   (Zip code)

___________________________

Debt Securities
(Title of the indenture securities)

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1.     

General information. Furnish the following information as to the Trustee:

 
  (a)     

Name and address of each examining or supervising authority to which it is subject.

 
    Name   Address
 
  Superintendent of Banks of the State of   One State Street, New York, N.Y.
  New York   10004-1417, and Albany, N.Y.
        12223
         
  Federal Reserve Bank of New York   33 Liberty Street, New York, N.Y.
        10045
         
  Federal Deposit Insurance Corporation   Washington, D.C. 20429
         
  New York Clearing House Association   New York, New York 10005
     
     
  (b) Whether it is authorized to exercise corporate trust powers.
     
  Yes.
     
2.     

Affiliations with Obligor.

         
 

If the obligor is an affiliate of the trustee, describe each such affiliation.

 
 

None.

 
16. List of Exhibits.
 
 

Exhibits identified in parentheses below, on file with the Commission, are incorporated herein by reference as an exhibit hereto, pursuant to Rule 7a-29 under the Trust Indenture Act of 1939 (the "Act") and 17 C.F.R. 229.10(d).

 
  1. A copy of the Organization Certificate of The Bank of New York Mellon (formerly known as The Bank of New York, itself formerly Irving Trust Company) as now in effect, which contains the authority to commence business and a grant of powers to exercise corporate trust powers. (Exhibit 1 to Amendment No. 1 to Form T-1 filed with Registration Statement No. 33-6215, Exhibits 1a and 1b to Form T-1 filed with Registration Statement No. 33-21672, Exhibit 1 to Form T-1 filed with Registration Statement No. 33-29637, Exhibit 1 to Form T-1 filed with Registration Statement No. 333-121195 and Exhibit 1 to Form T-1 filed with Registration Statement No. 333-152735).
 

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  4.     

A copy of the existing By-laws of the Trustee. (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-121195).

 
  6.     

The consent of the Trustee required by Section 321(b) of the Act (Exhibit 6 to Form T-1 filed with Registration Statement No. 333-152735).

 
  7.     

A copy of the latest report of condition of the Trustee published pursuant to law or to the requirements of its supervising or examining authority.

 

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SIGNATURE

          Pursuant to the requirements of the Act, the Trustee, The Bank of New York Mellon, a corporation organized and existing under the laws of the State of New York, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in The City of New York, and State of New York, on the 18th day of September, 2008.

THE BANK OF NEW YORK MELLON

By: /S/ FRANCA M. FERRERA          
      Name: FRANCA M. FERRERA

      Title: ASSISTANT VICE PRESIDENT

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EXHIBIT 7


Consolidated Report of Condition of

THE BANK OF NEW YORK

of One Wall Street, New York, N.Y. 10286
And Foreign and Domestic Subsidiaries,

a member of the Federal Reserve System, at the close of business June 30, 2008, published in accordance with a call made by the Federal Reserve Bank of this District pursuant to the provisions of the Federal Reserve Act.
       
  Dollar Amounts  
ASSETS In Thousands  
Cash and balances due from depository      
   institutions:      
   Noninterest-bearing balances and currency      
      and coin   3,463,000  
   Interest-bearing balances   31,232,000  
Securities:      
   Held-to-maturity securities   1,631,000  
   Available-for-sale securities   24,769,000  
Federal funds sold and securities purchased      
   under agreements to resell:      
   Federal funds sold in domestic offices   19,485,000  
   Securities purchased under agreements to resell   0  
Loans and lease financing receivables:      
   Loans and leases held for sale   0  
   Loans and leases, net of unearned      
      income   33,282,000  
   LESS: Allowance for loan and      
      lease losses   244,000  
   Loans and leases, net of unearned      
      income and allowance   33,038,000  
Trading assets   4,207,000  
Premises and fixed assets (including      
   capitalized leases)   906,000  
Other real estate owned   6,000  
Investments in unconsolidated subsidiaries      
   and associated companies   760,000  
Not applicable      
Intangible assets:      
   Goodwill   2,495,000  
   Other intangible assets   998,000  
Other assets   7,072,000  
Total assets   130,062,000  


LIABILITIES      
Deposits:      
   In domestic offices   34,562,000  
   Noninterest-bearing   20,410,000  
   Interest-bearing   14,152,000  
   In foreign offices, Edge and Agreement      
      subsidiaries, and IBFs   64,413,000  
   Noninterest-bearing   2,092,000  
   Interest-bearing   62,321,000  
Federal funds purchased and securities sold      
      under agreements to repurchase:      
   Federal funds purchased in domestic      
       offices   884,000  
   Securities sold under agreements to      
       repurchase   89,000  
Trading liabilities   3,678,000  
Other borrowed money:      
   (includes mortgage indebtedness and      
   obligations under capitalized leases)   1,999,000  
Not applicable      
Not applicable      
Subordinated notes and debentures   2,940,000  
Other liabilities      
    12,854,000  
Total liabilities   121,419,000  
 
Minority interest in consolidated      
   subsidiaries   133,000  
 
EQUITY CAPITAL      
Perpetual preferred stock and related      
   surplus   0  
Common stock   1,135,000  
Surplus (exclude all surplus related to      
   preferred stock)   2,375,000  
Retained earnings   6,131,000  
Accumulated other comprehensive income   -1,131,000  
Other equity capital components   0  
Total equity capital   8,510,000  
Total liabilities, minority interest, and equity      
   capital   130,062,000  


          I, Thomas P. Gibbons, Chief Financial Officer of the above-named bank do hereby declare that this Report of Condition is true and correct to the best of my knowledge and belief.

Thomas P. Gibbons,          
Chief Financial Officer          

          We, the undersigned directors, attest to the correctness of this statement of resources and liabilities. We declare that it has been examined by us, and to the best of our knowledge and belief has been prepared in conformance with the instructions and is true and correct.

Gerald L. Hassell      
Steven G. Elliott   Directors
Robert P. Kelly